Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
Sanctuary!
The concept is as old as Genesis 4:1–18 and in the Quran 5:27–31 wherein Cain kills his brother Abel and is told “you will be a fugitive and a wanderer on the earth.”. In Numbers 35:9-34, six cities of refuge are established. The cities of refuge were sanctuaries to where those who accidentally killed another could flee. If the killer made it to a city of refuge, he still had to undergo a trial. If he was found guilty of committing an accidental death, he had to remain in the city until the death of the current high priest. Thus, the sanctuary city served as his jail. However, he was otherwise free to move about, find employment, and live with and support his family. If he left the sanctuary city for any reason, a relative of the murdered person could lawfully take the killer’s life.
The claim of Sanctuary was popularized by the 1939 film The Hunchback of Notre Dame which adapted the Victor Hugo novel starring Charles Laughton as Quasimodo. Esmeralda (Maureen O’Hara) is sentenced to death. Just as she is about to be hanged, Quasimodo saves her by taking her to the Notre Dame cathedral and claiming the right of sanctuary.
With the increased focus on illegal immigration, several States and municipalities have deemed themselves Sanctuary cities, refusing to cooperate with federal immigration agencies.
New Jersey adopted a sanctuary law that shielded illegal immigrants from detention. The federal government sued relying on the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) which says that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied.
The United States Court of Appeals for the Third Circuit covers Pennsylvania, New Jersey, Delaware, and the Virgin Islands. The court sits in Philadelphia,
The Third Circuit Court of Appeals on July 22 ruled that the New Jersey law was unconstitutional, citing federal supremacy over state attempts to interfere with immigration enforcement. This decision follows previous federal court rulings in California. It struck a blow to New Jersey’s sanctuary law by reinforcing federal supremacy over immigration enforcement. It aimed to ban state, local, and private entities from contracting with Immigration and Customs Enforcement (ICE) to detain undocumented immigrants.
The Third Circuit Court’s recent decision is a clear recognition of the U.S. Constitution’s Supremacy Clause. However, the court found the New Jersey unconstitutional, as it interferes with the federal government’s core immigration enforcement powers. This ruling ensures that ICE can continue its operations unabated, particularly at the Elizabeth Detention Center operated by a private company, New Jersey’s only active ICE detention facility.
The implications of this ruling are vast. In the short term, ICE and CoreCivic will continue operations at the Elizabeth Detention Center. The decision also sets a legal precedent that will be precedent and binding in Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands and will be persuasive authority other states will likely have to consider when crafting their immigration policies. For private contractors, the ruling secures their role in federal immigration detention, ensuring they can maintain and expand contracts within the Third Circuit’s jurisdiction.
If an illegal alien is arrested, a local jail or law enforcement agency can notify I.C.E. so that I.C.E. can have a detainer or order issued to hold the alien for I.C.E. so that I.C.E. can avoid doing raids on homes, schools, places of business, or public places minimize the threat of harm to immigration officials or the public and pick up the detainee at the jail or police lock up. Immigration advocates say this will lead to illegal aliens being picked up for deportation as a result of being arrested of minor crimes.
